In a bail application under Section 439 Cr.P.C. regarding a POCSO offence, the Gauhati High Court refused bail. The court found that sufficient incriminating materials were collected, the victim implicated the accused, and the offence was serious, warranting dismissal of the petition.
Bail petition dismissed; case diary returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010231312022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3055/2022
MD. BAKKAR ALI @ ALLAUDDIN S/O. MD. LT. AZAD ALI, VILL. PUB KATARATI, P.S. SOOTEA, DIST. BISWANATH, ASSAM.
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM.
2:MD. ABDUL KHALEK S/O- LT. RAJAB ALI R/O- 4 NO. BHOJMARI PS- SOOTEA
DIST- BISWANATH (ASSAM) 78417
Advocate for the Petitioner : MR. N ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 08-12-2022
Heard Mr. N Islam, learned counsel for the accused petitioner and
also heard Mr. BB Gogoi, learned Addl. PP, State of Assam.
This application under Section 439 Cr.P.C. is preferred by accused
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petitioner, 1. Md. Bakkar Ali @ Allauddin, who has been languishing in jail hajot since 13.10.2022 in connection with Behali PS Case No.72/2022 under Section 4 of the POCSO Act.
The aforementioned case has been registered on the basis of one FIR lodged by Md. Abdul Khalek on 12.10.2022, to the effect that on 03.10.2022 at about 2.00 PM, his daughter Smti. X (name withheld), left home to roam along with Musstt. Ashma Begum, without informing her family, and on 07.10.2022 at about 5.00 o clock his daughter called Jallal Ali and told him that she is safe at Md. Majid Ali’s house and would return home on the next date. Then on 08.10.2022, at about 9.00 PM. Ashma Begum informed his son in law that his daughter is serious and asked him to come to Tezpur Medical College and Hospital immediately. Then along with his son in law, he went to the Hospital at about 12.00 AM and came to know from his daughter that Bakkar Ali committed rape on his daughter and there is bleeding from her private parts.
Mr. Islam, learned counsel, for the accused submits that the accused is languishing in jail hajot since 58 days and he has been falsely implicated in the present case and at the relevant time he was not present at the place of occurrence and he is the only breadwinner of the family and he has wife and minor children to look after, and therefore, it is contended to allow the petition.
On the other hand, Mr. BB Gogoi, learned Addl. PP has produced the case diary before this court and submits that the IO has collected sufficient incriminating materials against the accused and that the offence is serious in nature and investigation is going on and therefore, it is contended to dismiss the petition.
Having heard the submission of learned advocates for both the sides, I have carefully gone through the petition and the documents
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available on record and also perused the case diary with the assistance of learned Addl. PP.
It appears that the IO has collected sufficient incriminating materials against the accused, and the victim in her statement under section 164 Cr.P.C, has clearly implicated the accused with the offence alleged and she was also hospitalized for the injuries suffered by her at the time of committing rape by the accused. The offence is serious and the punishment prescribed for the same is also severe and investigation is still going on and enlarging the accused on bail at this stage will misdirect the investigation, and accordingly the petition stands dismissed.
The case diary be returned.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused pending investigation in a POCSO case.
Whether sufficient incriminating materials have been collected against the accused.
2 provisions across 1 enactments
MD. BAKKAR ALI @ ALLAUDDIN
THE STATE OF ASSAM
MD. ABDUL KHALEK
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
